400010_ENFORCEMENT_20171231

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

Water Resources
LUVIRONMCN rAL QUALIFY
December 7, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7095 0640 0005 9080 7990
Mr. Mike Sanderson
1905 Guinea Town Road
Kinston, NC 28501
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Stockpiled Poultry Litter Runoff
West side of Old Comfort Highway
Jones County AWD520088
NOV-2015-WQ-0004
Dear Mr. Sanderson:
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
On July 22, 2015, the Division of Water Resources responded to a complaint regarding
environmental issues related to stockpiled poultry litter on land located along Old Comfort
Highway approximately one mile East of Highway 41 in Jones County. DWR staff found
evidence of poultry waste in the NC DOT ditch and a large pile of uncovered litter on site.
DWR staff conducted a follow-up site investigation on Thursday August 6, 2015 and the
stockpiled poultry litter was covered, however the cover was already beginning to blow off.
Another follow-up site visit was made on November 24, 2015 which revealed a remaining
significant litter pile that was once again uncovered. Please see attached photo.
As a result of this incident, you are hereby notified that, you have been found to be in violation
with 15A NCAC 2T Sections .1303 and .1403 Permitting by Regulation and General Statutes.
The violations are as follows:
Violation 1:
In accordance with 15A NCAC 2T Section . 1 303(a)(2)(C) and . 1 403(a)(2)(C) Permitting by
Regulation, litter is not to be stockpiled closer than 100 feet from a perennial stream or
perennial waterbody.
StatedNorthCarolina I Environmental Quality I Water Resources —Water Quality Regional Operations —Washington RegionalOfftce
943 Washington Square Mail, Washington, NC 27889
252-946-6481

-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue. Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 2, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7009 2250 0000 9252 2418
L.L. Murphrey Company
Carroll Farm
39 Vandiford-Thomas Road
Farmville, North Carolina 27828
Subject: NOTICE OF DEFICIENCY
Carroll Farm 440-10
AWS400010
Greene County
NOD-2010-PC- 0102
Dear L.L.Murphrey Company:
On February 1, 2010, during a telephone conversation with staff of the NC Division of Water Quality
(DWQ) Aquifer Protection Section (APS), Mr. Keith Walston reported a high freeboard level (18
inches) in the primary lagoon.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG 100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG 100000
On February 1, 2010 a lagoon/storage pond level was documented at 18 inches of freeboard at the
primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturall�
II'

Cont. Page Two
February 2, 2010
Carroll Farm
Required Corrective Action for Deficiency 1:
Submit a 30 Day Plan of Action (POA) to DWQ within 2 days of the high freeboard occurrence. Take
all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
You are required to take any necessary action to correct the above violations on or before March
1, 2010 and to provide a written response to this Notice within 30 days of receipt of this letter
indicating that freeboard is at a compliant level. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or
me at [phone].
Sincerely,
f
David May
Regional Aquifer Protection Supervisor
Washington Regional Office
cc:- Keith Larick CAFO Unit
Greene County Soil and Water Conservation District
NCDS WC-WaRO
'WaRO"CUm— pliance.Animal-Files
rods Files

o=0F W A7F'Y'
Cl)
a J
17 �
Mr. Jake Barrow
L. L. Murphrey Hog Company
39 Vandiford-Thomas Road
Farmville, NC 27828
Michael F. Easley. Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 3, 2005
RE: Acknowledgment of Receipt of Payment
Case No. DV 04-013
Farm # 40-10
Greene County
Dear Mr. Barrow:
Alan W. Klimek, P.E. Director
Division of Water Quality
This letter is to acknowledge receipt of your check No. 11576 in the amount of $4,099.77 on
December 23, 2004. This payment satisfies in full the civil assessment and the case has been
closed. If you have any questions, please call me at [phone],
Sincerely,
Steve Lewis
Animal Feeding Operations Unit
cc: Washington-Regional=Office
File # DV 04-013
APS Central Files
1 ! . JAN - 5 2005 '
E
No hCarolina
�l�atura!!r�
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: htto-l1h2o.enr.slate.nc.us 2728 Capital Boulevard Raleigh, NC 27604
Phone [phone] Customer Service
Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

�OF W ATFRO Michael F. Easley, Governor
William G. Ross Jr., Secretary
Cry f North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
December 17, 2004
CERTIFIED MAIL — 7002 2410 0003 0273 3303
RETURN RECEIPT REQUESTED
Mr. Jake Barrow
L. L. Murphrey Hog Company
39 Vandiford-Thomas Road
Farmville, NC 27828
RE: Settlement Agreement
Farm # 40-10
Greene County
File # DV 04-013
Dear Mr. Barrow:
This letter is to confirm that the Division of Water Quality has agreed to settle the civil
penalty assessment against L. L. Murphrey Hog Company in the referenced case for the amount
of $4,699.77 ($3,2000.00 penalty plus $899.77 in enforcement costs).
Please submit payment within thirty (30) days of receipt of this letter. Payment should be
by check payable to "NCDENR". Please note the case number on the check and send the
payment to the attention of.
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
A letter of acknowledgement will be sent when the check is received and the file will be
closed at that time. If you have any questions, please call Steve Levis at [phone].
Sincerely ----
Theodore L. Bush, Jr., Chief
Aquifer Protection Section. ----
cc: DaYid MNy--, Washington APS Regional Supervisor l
Scott Vinson, WARD DEC 2004
Marlene Salyer, WARO
File # DV 04-013
APS Central Files " no hCarolina
Aquili r Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Cusiomcr Service
Internet: htt :f1h2o.enr.stalc.nc,a 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
FaN [phone]
An Equal Opportuaiiy/Alfrinative Action Employer — 50% Recycled/l0% Post Consumer Paper .

Re: LL Murphrey - Carroll Farm - Facility No. 40-10
Subject: Re: LL Murphrey - Carroll Farm - Facility No. 40-10
From: Steve Lewis <steve. lewi s@ncmail. net>
Date: Thu, 16 Dec 2004 15:58:54 -0500
To: David May <[e-mail]>
Thanks. I'll draft a letter to Jake tomorrow.
David May wrote:
Steve,
I just spoke with Jake Barrow with L.L. Murphrey regarding the Carroll Farm
enforcement case (File DV 04-013). A settlement of 80% of the penalty ($3,200:
$4,000 x 0.8 = $3,200) was reached, making $4,099.77 ($3,200 + $899.77 assessment
costs) the total amount due. I informed Mr. Barrow that he would be receiving a
letter shortly regarding the settlement.
David
of 1 12/16/2004 4:02 PM

C) WAT RQ Michael F. Easley, Governor
otG William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
� r
Alan W. Klimek, P.E. Director
Division of Water Quality
November 30, 2004
CERTIFIED MAIL — 7002 2410 0003 0273 3242
RETURN RECEIPT REQUESTED
Mr. Jake Barrow
L. L- Murphrey Hog Company
39 Vandiford-Thomas Road
Farmville, NC 27828
SUBJECT: Assessment of Civil Penalties
for Making an Outlet to Waters of the State
Without a Permit
Farm # 40-10
Greene County
File No. DV 04-013
Dear Mr. Barrow:
This letter transmits notice of a civil penalty assessed against the Carroll Farm in the amount of $4,899.77
which includes $899.77 in investigative costs. Attached is a copy of the assessment document explaining this
penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources. Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Do not include the attached waiver form if making
payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: htty-'lh2o.enr.stale .nc.us 2728 Capital Boulevard Raleigh, NC 27604
r
C -1 2004
- -- -- -
lvfo hCarolina
Xntrrrrt!!y
Phone [phone] Customer Service
Fax [phone]
Fax [phone]
An Equal OpportunitylAffirmadve Action Employer — 50°% Recycledl10°% Post Consumer Paper

e ■
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and .
return to this office the attached waiver form and the attached "Justification for
Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
No
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone] or Mr. Keith Larick
at (919) 7015-6185.
Sincerely,
... .......
IT,/
odore L. Bush, Jr., Chief
Aquifer Protection Section
TLB/scl
ATTACHMENTS
cc: David May, WARD Aquifer Protection Regional Supervisor w/ attachments
tSZtt Vinson,tWARO w/ attachments
Marlene Salyer, WARD w/ attachments
File # DV 04-013 w/ attachments
APS Central Files w/ attachments
Susan Massengale, PIO w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF GREE_NE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
L. L. MURPHREY HOG CO.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 04-013
Having been assessed civil penalties totaling $4,899.77 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated November 29, 2004 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV 04-013 County: Greene
Assessed Party: L. L. Murphrey Hog Co.
Permit No. (if applicable): NCA240010 Amount Assessed: $4,899.77
Please use this form when requesting remission of this civil penalty. You.must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payLnent of the civil penalty will prevent -payment for the remaining necessaiy
remedial actions (i.e., explain how payment of the civil penalty 1vill prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF GREENE
FILE NO. DV 04-013
IN THE MATTER OF )
L.L. MURPHREY HOG COMPANY )
} FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF
WATERS OF THE STATE OF } CIVIL PENALTIES
NORTH CAROLINA )
WITHOUT A PERMIT )
_
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. L.L. Murphrey Hog Company (L.L. Murphrey) is a corporation organized and
existing under the laws of the State of North Carolina.
B. L.L. Murphrey owns and operates the Carroll Farm, a swine operation located in
Greene County.
C. L.L. Murphrey was issued Certificate of Coverage NCA240010 under Swine
Waste Management System General NPDES Permit NCA200000 for the Carroll
Farm on April 22, 2003 with an expiration date of July 1, 2007. This permit does
not allow the discharge of waste to waters of the State.
D. On June 21, 2004, DWQ staff observed a discharge of wastewater at the Carroll
Farm from the lagoon and a confinement house to an unnamed tributary to Mussel
Run, which are Class C Sw NSW waters of the State within the Neuse River
Basin.
E. L.L. Murphrey had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $899.77.

H
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. L.L. Murphrey is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. The unnamed tributary to Mussel Run constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. L.L. Murphrey may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215. L
E. The State's enforcement costs in this matter may be assessed against L.L.
Murphrey pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Accordingly, L.L. Murphrey is hereby assessed a civil penalty of
$ Ur D d v for making an outlet to the waters of the State without a
u permit as required by G.S. 143-215.1.
$ I 00 U TOTAL CIVIL PENALTY
$ 899.77 Enforcement costs
$ L) 511 7 7 TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282. I (b), which are-
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Dat) The dore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

0� WA Michael F_ Easley, Governor
William G. Ross, Jr.. Secretary
y Depa;.ment of Environment and Natural Resources
Gregory J. Thorpe, Ph.D,
Acting Director
Division of Water Quality
CERTIFIED MAIL
RETURN_RECEIPT REQUESTED
7003 3110 0005 8968 8555
June 24. 2004
Mr. Jake Barrow
LL Mutphrey Hog Co.
39 Vandiford-Thomas Rd.
FarmAille, Norht Carolina 27828
RE: Notice of Recommendation of Enforcement
Carroll Farm
Facility Number 40-10
Greene County
i -_. :._5n
This letter is to notifN- you that the WashinYton Re2jonal Offi:e of the Division of Water Quality is considering
sending a recommendation for enforcement action to the Director of the Division of «'ater Quality. Tlie
recommendation concerns the Violations of North Carolina General Statute 143-21 i. i (a)(1) for discharging animal waste
into haters of the State without a permit_
The Carroll Farm faciht%- no. 40-10. is located on SR 123. berween Maim and Lime. in Greene Counn-. On
June 21. 2004. Mr. Scott Vinson obsen ed that there was haste in Mussel Run «-Nch is a tnbutan- to Contentnea Creek.
:After meeting the farm manager. Mr. Jem, Carraway. onsite it was reported that a discharge from both the lagoon and a
collection box at the corner of House 43 had occurred and was discovered at ' Alpm on that same day. June 21. 2004.
Please prox ide this office with your exphmation for this %iolation and corrective actions taken to prevent such
xiolations from occurring in the future within five (5) days after receipt of this Notice. Your explanation will be
retiew°ed and if an enforcement action is still deemed appropriate. your e\planation will be forwarded to the Director
with the enforcement package for his consideration.
If you have any questions concerning this matter.. please contact me at 2;2-946-6481, ext 214 or Scott Vinson at
exL 208.
Sin rely.
Mim Mulligan
NX'ater Quality R42ional Supenisor
cc,. Premium Standard Farts_ Attn: Jeremv Hill
Greene Countv Soil and Water Consenation District
NCDSWC-WaRO
Compliance Group
WQ Central Files
WaRO
SAV Files
943 Washington Square Mall Washington, NC 27859 252-946-6481 (Tj elephone) 252-946-9215 (Fax)

�Ot WATFR4 Michael F. Easley, Governor
William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
>_ Alan W. lgimeK P.E. Director
Division of Water Quality
July 24, 2003
Mr. Jake Barrow
L.L. Mwphrey Hog Co
39 Vandiford Thomas Road
Farmville NC 27828
_Subject: Notice ofDeficieacy
Carroll Farm
#40-10
Greene County
Dear Mr. Barrow:
Thank you for your recent submittal of the information requested in our letter dated June 6, 2003. We greatly
appreciate the effort that you made in compiling this information and sending it to our Washington Regional Office
by the date required We also appreciate the fact that you reported the problem with high freeboard to our staff as
required by your permit and worked with our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Washington Regional Office has determined that
this Notice of Deficiency is being issued by the Division for the high freeboard levels at the subject facility_
In the future, please continue to evaluate ways to maintain freeboard levels in the required range (lagoon #1 19" to
49.2", lagoon #2 19" to 582", lagoon #3 19" to 75.84"). These methods include, but are not limited to, water
conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or
more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to
evaluate and implement any needed changes to your system.
Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our
Washington Regional Office at 252-946-6481.
Sincerely,P 49 jj // ``
�k
er Mulligan,
Water Quality Supervisor
l-11—Washington Regional Office
CC. Non -Discharge Compliance and Enforcement unit
Central Files
,-WaRO
dbc files
��A
HCDENR
Customer Service: Ma#ingAddress: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier 952-01-01 Raleigh, NC 27699-1617

Re: LL Murphrey - Carroll Farm - Facility No. 40-10
Subject: Re: LL Murphrey - Carroll Farm - Facility No. 40-10
From: Steve Lewis <[e-mail]>
Date: Thu, 16 Dee 2004 15:58.54 -0500
To: David May <[e-mail]>
Thanks. I'll draft a letter to Jake tomorrow.
David May wrote
Steve,'
I just spoke with Jake Barrow with L.L. Murphrey regarding the Carroll Farm
enforcement case (File DV 04-013). A settlement of BOW of the penalty ($3,200:
$4,000 x 0.B = $3,200) was reached, making $4,099.77 ($3,200 + $B99.77 assessment
costs) the total amount due. I informed Mr. Barrow that he would be receiving a
letter shortly regarding the settlement.
David
1. of 1 12/16/2004 4:03 PM

��F W A fFRQ Michael F. Easley, Governor
G William G. Ross Jr,, Secretary
7 North Carolina Department of Environment and Natural Resources
-i
Alan W. Klimek. P.E. Director
Division of Water Quality
November 30, 2004
CERTIFIED MAIL - 7002 2410 0003 0273 3242
RETURN RECEIPT REQUESTED
Mr. Jake Barrow
L. L. Murphrey Hog Company
39 Vandiford-Thomas Road
Farmviile, NC 27828
SUBJECT: Assessment of Civil Penalties
for Making an Outlet to Waters of the State
Without a Permit
Farm 9 40-10
Greene County
File No. DV 04-013
Dear Mr. Barrow:
This letter transmits notice of a civil penalty assessed against the Carroll Farm in the amount of S4,899.77
which includes $899.77 in investigative costs. Attached is a copy of the assessment document explaining this
penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit pavment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources. Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Do not include the attached waiver form if making,.,__. _--�--_-�
payment. ' Y 3� f ig IL j lij
# I
Please send payment to the attention of:
' ' -.
t
Mr. Steve Lewis I DEC1 2004
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
lvorthCaroIina
Naturally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Intemet: Ntp:Nh2o.enrsta1e.nc.us 2728 Capital Boulevard Raleigh, NC 27004 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and the attached "Justification for
Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143E-282. l(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
�Cffl
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Steve Lewis
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone] or Mr. Keith Larick
at (919) 7015-6185.
Sincerely,
T odore L. Bush, Jr., Chief
Aquifer Protection Section
TLB/scl
ATTACHMENTS
cc: Dawid-N ay; WARO Aquifer Protection Regional Supervisor w/ attachments
Scott Vinson, WARO w/ attachments
Marlene Salyer, WARD w/ attachments
File # DV 04-013 w/ attachments
APS Central Files w/ attachments
Susan Massengale, PIO w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF GREENE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
L. L. MURPHREY HOG CO.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV 04-013
Having been assessed civil penalties totaling $4,899.77 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated November 29, 2004 _ , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
2

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV 04-013 County: Greene
Assessed Party: L. L. Murphrey Hog Co.
Permit No. (if applicable): NCA240010 Amount Assessed: S4,899.77
Please use this form when requesting remission of this civil penalty. You.must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1 b
were wrongfully applied to the detriment of the -petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain ivhy the
violation ivas unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain hoiv payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION attach additional pages as necessa

STATE OF NORTH CAROLINA
COUNTY OF GREENE
IN THE MATTER OF
L.L. MURPHREY HOG COMPANY
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV 04-013
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
1. FINDINGS OF FACT:
A. L.L. Murphrey Hog Company (L.L. Murphrey) is a corporation organized and
existing under the laws of the State of North Carolina.
B. L.L. Murphrey owns and operates the Carroll Farm, a swine operation located in
Greene County.
C. L.L. Murphrey was issued Certificate of Coverage NCA240010 under Swine
Waste Management System General NPDES Permit NCA200000 for the Carroll
Farm on April 22, 2003 with an expiration date of July 1, 2007. This permit does
not allow the discharge of waste to waters of the State.
D. On June 21, 2004, DWQ staff observed a discharge of wastewater at the Carroll
Farm from the lagoon and a confinement house to an unnamed tributary to Mussel
Run, which are Class C Sw NSW waters of the State within the Neuse River
Basin.
E. L.L. Murphrey had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $899.77.

II.
III
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. L.L. Murphrey is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. The unnamed tributary to Mussel Run constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. L.L. Murphrey may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against L.L.
Murphrey pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DECISION:
Accordingly, L.L. Murphrey is hereby assessed a civil penalty of:
$� `l 0 D 66, D 0 for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
0 y TOTAL CIVIL PENALTY
$ 899.77 Enforcement costs
$ t`i gb, 7 7 TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
'(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality,
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance,
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Dat) The dore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 4, 2004
To: Jeff Poupart Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality
Through Jim Mulligan, Water Quality Supervisor
Washington Regional Office
From: Scott Vinson, Environmental Engineer
Washington Regional Office
Subject: Enforcement Action
L.L. Murphrey
Carroll Farm, Facility 40-10
Greene County
INTRODUCTION:
L.L. Murphrey Hog Co. owns and operates the Carroll Farm. The Carroll Farm is located
one quarter mile north of Hwy. 903 on Hwy. 123 in Greene County, North Carolina. This
operation houses approximately 4,000 swine (Feeder to Finish) in three houses with the
treatment of waste occurring in a three stage lagoon system.
REPORT:
On June 21, 2004, at approximately 6pm Mr. Scott Vinson observed wastewater in Mussel
Run a tributary to Contentnea Creek, which drains to the Neuse River. The manager, Mr. Jerry
Carraway, of the farm where the waste was believed to have come from was met onsite at
approximately 7pm. Mr. Carraway notified Mr. Vinson that a discharge had occurred and was
found around 3pm that same day. The discharge was caused by a flush pump being turned on and
left on sometime that previous Saturday, June 19, 2004 by an independent contractor who was hired
by LL Murphrey to clean out the empty houses between herds. The pump being left on caused the
primary lagoon to fill and eventually overflow as well as back up into House #3 and from there ran
out and discharge into an unnamed tributary to Mussel Run. When farm staff found the discharge
they immediately turned off the flush pump and closed a riser on the farm ditch that was receiving
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCar'olina
Phone: [phone] FAX [phone] Internet:: h2o.enr.state.nc.us o
An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0%a Post Consumer Paper ;Vaturally

Carroll Farm
Facility 40-10
August 4, 2004
discharged waste. Staff turned on the transfer pumps to lower the primary lagoon level back to
below the structural freeboard. Staff then proceeded to pump waste from the ditch back into the
lagoon. Waste had been discharged from over the top of the lagoon wall and from the backing up of
waste in a discharge pipe from the corner of House #3.
CONCLUSION:
The Carroll Farm located in Greene County has discharged animal waste into waters of
the State. This discharge occurred as a result of a flush pump being left on inadvertently causing
the first stage lagoon to fill and overflow it's bank into an unnamed tributary to Mussel Run.
This discharge constitutes a violation of North Carolina General Statues 143-215.1(a)(1).
RECOMMENDATION:
It is recommended that the appropriate enforcement action be taken against L.L Murphrey Hog
Company.

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Section I: General Information
1. Facility Name: Carroll Farm
2. Facility or Permit No.: 40-10
3. Party named in assessment: L.L. Murphrey Hog. Co.
4. Address: 39 Vandiford-Thomas Rd., Farmville, NC 27828
5. Telephone No.: 252-753-5361
6. Location of Facility: one quarter mile north of Hwy 903 on Hwy 123 in Greene County
7. Type of Operation: Feeder to Finish, 4,000 head
8. Registered Agent (if applicable): Mr. Jake Barrow
9. Registered Agent Address (if applicable): same as above
10. Date(s) of noted violations: June 21, 2004
11. Receiving Stream and Classification (if applicable): Unnamed Tributary to Mussel Run
(Classification Index No. 27-86-23, C; Sw, NSW )
12. Regional Office: WaRO
13. Report Prepared: Scott Vinson
Section II: Findings
1. Case Narrative_ On June 21, 2004, at approximately 6pm Mr. Scott Vinson observed
wastewater in Mussel Run a tributary to Contentnea Creek, which drains to the Neuse River.
The manager, Mr. Jerry Carraway, of the farm where the waste was believed to have come
from was met onsite at approximately 7pm. Mr. Carraway notified Mr. Vinson that a
discharge had occurred and was found around 3pm that same day. The discharge was
caused by a flush pump being turned on and left on sometime that previous Saturday, June
19, 2004 by an independent contractor who was hired by LL Murphrey to clean out the
empty houses between herds. The pump being left on caused the primary lagoon to fill and
eventually overflow as well as back up into House #3 and from there run out and discharge
into an unnamed tributary to Mussel Run. When farm staff found the discharge they
immediately turned off the flush pump and closed a riser on the farm ditch that was
receiving discharged waste. Staff turned on the transfer pumps to lower the primary lagoon
level back to below the structural freeboard. Staff then proceeded to pump waste from the
ditch back into the lagoon. Waste had been discharged from over the top of the lagoon wall
and from the backing up of waste in a discharge pipe from the corner of House #3.
2. Farm and/or company compliance History_ Thefarm received a Notice of Deficiency on
July 24, 2003 for high freeboard violations.
3. Amount of Waste discharged (if applicable). If amount cannot be estimated, what is the
estimated rate of flow reaching surface waters: There was an unknown amount of waste
that discharged from the waste collection box and over top of the lagoon wall. Waste
was not currently discharging from the box or lagoon at the time of inspection.

4. Sample Results -with locations of samples taken noted in relation to discharge point:
Nutrients (mg/L)
Sample Location_ _
TKN
NH3
NO2 Total P
BOD
Fecal(col./100mL)
1-Upstream
1.20
0.44
8.30 0.13
4.0
> 600
2-Discharge Pt.- Lagoon
380
330
0.32 82.0
138
530,000
3-Discharge (ditch)
20.0
19.0
6.60 3.40
28
25,000
4-Downstream 16.0 13.0 3.70 2.90 22 20,000
5. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance:
Mr. Jerry Carraway, farm manager, was cooperative at the time the discharge was
discovered and with information as to cause and clean up efforts. Mr. Carraway was also
cooperative with follow up requests for information.
6. Damage? Y/N If yes, include report from WRC_ n/a
7. Mitigating Circumstances_ The discharge was caused by an independent contractor who
failed to shut flush pumps off during his absence from the farm.
8. Recommendations made to the owner/operator: Recover as much free waste product as
possible, to repair the cracked waste collection box to help prevent future discharges and
to better train farm workers on use of pumps.
9. Costs to the State for the enforcement procedures (Show Breakdown):
Staff Time $472.24
Central Office $100.00
Travel Cost (80mi @ $0.31/mi.) $ 24.80
Laboratory Cost $302.73
TOTAL $ 899.77
10. Recommendations for further DWQ Action_ Further action by DWQ would be only to
monitor the farm for future compliance of Water Quality regulations.
I L Other Comments: n/a
Section III Assessment Factors required to be considered by G.S. 143B-282.1 b
1. The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation: The unnamed tributary to Mussel Run
received an unknown amount of animal waste. There was a degradation of the stream
as a result of the excess nutrients and bacteria from the waste discharged. Animal
waste has the potential to deplete the dissolved oxygen in the affected water body to a
point which is harmful to aquatic life. Waste water also contains nutrients which have
the potential to spawn algal growth to the point which is harmful to aquatic life.
2. The duration and gravity of the violation: The amount of discharge from the waste
collection box and over flow from the top of the lagoon is unknown and occurred as a
result of a flush pump being inadvertently left on by an independent contractor.

3. The effect on ground or surface quantity or quality: There was a degradation of the
unnamed tributary to Mussel Run and Mussel Run as a result of the excess nutrients
and bacteria from the waste discharged. The following laboratory results of water
samples taken at the point of discharge in the receiving stream, sample location #3, as
well as upstream, 41, and downstream, #4, of the discharge illustrate the addition of
nutrients to waters of the State:
Nutrients (mg/L)
Sample Location TKN NH3 NO2 Total P BOD Fecal(col./100mL)
1-Upstream 1.20 0.44 8.30 0.13 4.0 > 600
2-Discharge Pt.- Lagoon 380 330 0.32 82.0 138 530,000
3-Discharge 20.0 19.0 6.60 3.40 28 25,000
4-Downstream 16.0 13.0 3.70 2.90 22 20,000
4. The cost of rectifying the damage: The cost to rectify the damage is unknown.
5. The amount of money saved by noncompliance: The amount of money saved by
noncompliance is unknown.
6. Whether the violation was committed willfully or intentional: It is unknown whether or
not the violations were committed willfully or intentionally.
7. The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority: Carroll Farm has
received a notice of deficiency for high freeboard violations found during a record
review covering the year of 2003.
8. The cost to the State of the enforcement procedures: $ 899.77

STATE OF NORTH CAROLINA
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF GREENE
FILE NO. DV
IN THE MATTER OF }
L.L. MURPHREY HOG CO. )
CARROLL FARM )
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE )
AND ASSESSMENT OF
WATERS OF THE STATE OF )
CIVIL PENALTIES
NORTH CAROLINA )
WITHOUT A PERMIT. )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeff
Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of
Water Quality (DWQ), make the following:
L FINDINGS OF FACT:
A. L.L Murphrey Hog Co. owns and operates Carroll Farm, a swine operation
located on Hwy 123 in Greene County.
B. On June 21, 2004, DWQ staff observed evidence of a discharge of wastewater at
the Carroll Farm from the waste collection box and the primary lagoon to an
unnamed tributary of the Mussell Run, which are Class C; Sw, NSW waters of the
State within the Neuse River Basin.
C. L.L Murphrey Hog Co. had no valid permit for the above -described activity.
D. The cost to the State of the enforcement procedures in this matter totaled $XXX.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS. OF LAW:
A. L.L Murphrey Hog Co. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Unnamed Tributaries of Mussell Run constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constitutes making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.

D. L.L Murphrey Hog Co. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty-five thousand. dollars ($25,000.00) per violation may be assessed against a
person who is required but fails to apply for or to secure a permit required by G.S.
143-215.1.
E. The State's enforcement costs in this matter may be assessed against L.L
Murphrey Hog Co. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, L.L Murphrey Hog Co. is hereby assessed a civil penalty of:
$ for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ 899.77 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Jeff Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

L.L. MURPHREY COMPANY- -
39 Vandiford-Thomas Rd • Farmville, NC 27828 - [phone] % Fax [phone]
LL IN
' _ ;Suicrlirg r/.54. 1946IVEP
�uL 15 2004
WQ
ARO
July 13,12004.
Mr. Jim Mulligan ,r t
Division of Water Quality \ `
943 Washington Square'Mall
Washington; NC 27889,
Dear Mr. Mulligan,
This letter i§ a follow-up condition for our NPDES Waste'Plan for Carroll Farm \
Facility #,40-10. Attached are analysis of waste samples from the lagoon from which the'
overflow occurred. Samples were,taken on 6/22/04 at 2:30 p.m. and de_ livered to
Environment I, Inc. in Greenville for analysis at 3:07 p.m. ofi 6/22/04._ Scott Vinson +
✓ recommended use of this lab since it is located in Greenville, N. C. If there are any
questions or. concerns about this information, please,advise. -
Sincerely,
- _ -
Jerry Carraway. T ;�
Operations Manager

Elow'Ummoml Ala hwPoTmUd
L.L. MURPHREY COMPANY
ATTN: JERRY CARRAWAY
39 VANDIFORD-THOMAS ROAD
FARMVILLE ,NC 27828
Hog Lagoon Analysis Method
PARAMETERS Date Analyst Code
BOA, mg/l
C230
06/22/04
TMC
SM5210B
Fecal Coliform (MF), /100 Mls
500000
06/22/04
CAI
SM9222D
Total Suspended Residue, mg/l
760
06/22/04
JKD
SM2540D
Ammonia Nitrogen, mg/l
317
06/24/04
TWA
EPA350.1
Total Kjeldahl Nitrogen, mg/l
340
06/29/04
SEJ
EPA351.2
Total Phosphorus, mg/l
78.40
06/28/04
TWA
EPA365.4
Drinking Water ID: 37715
Wnetexater ID: 10
ID#: 1026
DATE COLLECTED: 06/22/04
DATE REPORTED : 06/30/04
REVIEWED BY:
Laboratory Analyses - Envrronmental'ConSultants

Environment 3, Inc.
P.O. Box 16957,114 Oakmont Dr.
Greenville, NC 27858
CHAI OF CUSTODY RECORD
Page I of, I
Phone [phone] • Fax [phone]
Week: 1
L.L. MURPHREV COMPANY
ATTN: JERRY CARRAWAY
39 VANDIFORD-THOMAS ROAR
FARMVILLE NC 27828
() 753-5361
COLLECTION
DISINFECTION
CHLORINECLIENT3026
Ij UV
NONE
CHLORINE NEUTRALIZED AT COLLECTION
0—
L�
pH CHECK (LAB)
P
P
P
P
p
CONTAINER TYPE, PIG
A
G
A
C
CHEMICAL PRESERVATION
A -NONE D -NAOH
B- HNO, E- HCL
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G- NATHIOSULFATE
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SAMPLE LOCATION
DATE
TIME
Hog Lagoon
(? y y�0
2:;0
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_
7 90
CLASSIFICATION:
WASTEWATER(NPDES)
DRINKING WATER
DWQIGW
SOLID WASTE SECTION
CHAIN OF CUSTODY MAINTAINED
DURING SFIPMNTIDELIVERY
z2 N
SAMPLES COLLECTED BY:
(Please Print)
Cy L��cr y tra tq/
SAMPLES R EIVED IN LAB AT SY/ Y°C
DISH B (SIG.) (SAMPLER)
DATE TIME
6 3 c)7
RECEIVE BY (SIG.)
ATEITIME
'
COMMENTS:
REUN U HED BY ( '
DATEI IME
REC VED BY (SIG.)
DAT I
RELINQUISHED BY (SIG.)
DATFJIIME
RECEIVED BY (SfG.)
DATFJTIME
Instructions for completing this Corm are on the reverse side. Sampler must place a "C for composite sample or a "G for N °102601
FORM N5 Grab sample in the blocks above for each parameter requested.

SAMFLING IN5 T RUCTIONS AND F ORTNTI COMPLETION
_VAILURE TO PROPERLY CHILL, CHEMICALLY PRESERVE, COLLECT IN PROPER BOTTLE
TYPES, MEET REQUIRED HOLDING TIMES, NEUTRALIZE CHLORINE IN CHLORINE
SENSITIVE SAMPLE, AND SEAL COOLERS WITH TAPE WILL RESULT IN SAMPLES BEING
REJECTED BY THIS LABORATORY AS PER NORTH CAROLINA REGULATORY CODE.
1) Samples not falling within the established guidelines will need to be re -collected. The client will be contacted and informed of the
deviation and asked to collect another set of samples. The client may wish for the laboratory to proceed with the analyses of the current
samples. Any samples analyzed outside of the required guidelines will be "qualified". This means that a note will be included on the
samnte result and "Chain of Custody" specifying the deviation. The laboratory is also required to send a letter to the State noting the
deviations.
2) Sample Temperature. Samples for compliance monitoring must be chilled with wet ice to a temperature of 6C or less. Freezing is not
permitted. Samples delivered to the lab shortly after collection may not have had enough time to be chilled below 6C. In this case the
temperature at time of collection must be noted in the space provided. The samples will meet the requirements of the regulation if there
is a temperature drop from the time of collection until received in the lab. Regardless, all samples should be packed in wet ice using as
much ice as will fit in the cooler.
3) Sample Chemical Preservation. Many samples require a chemical preservation such as Sulfuric Acid or Sodium Hydroxide. The
laboratory will either provide the preservative in the sample bottle, or in the case of 40 ml. Volatiles Vials, provide a bottle of Acid with
detailed descriptions on how to collect the sample. Nev& rinse sample bottles before collecting samples. Any residue or liquid in the
bottle is required for proper chemical preservation. The lab must verify proper chemical preservation upon arrival in the lab and will note
this information in the spaces provided on the front of this form.
4) Chlorine Neutralization. Some samples require that any Total Chlorine Residual be removed at the time of collection. The lab will
provide the proper neutralizing agent in the sample bottle when technically possible. There are some samples (Total Kjeldahl Nitrogen
and Ammonia Nitrogen) where this is not possible due to interferences between the required chemical preservation (Acid) and the
dechlorinating agent. Therefore, these samples must be de -chlorinated at the time of collection before being placed in our sample bottles,
Sodium Thiosulfate is the chemical of choice to neutralize chlorine. It must be added to your sample and them the sample checked for
Total Chlorine before the sample is poured in our bottle. Facilities using chlorine for disinfection should have a means of measuring Total
Chlorine. Non -chlorinated sample sources will not need to be checked. The person neutralizing the chorine must put his initials in the
"Chlorine Neutralized at Collection" row on the front of this form above the proper parameter. Samples such as Coliforms (which have
Thiosulfate in the bottles shipped from the lab) will be checked for proper neutralization upon arrival in the lab. It is also required that you
note the "Total Chlorine at Collection" on the front of this form for any sample locations applicable. This value would be before any
neutralization is performed.
5) A "C" for Composite Sample or a "G" for Grab Sample should be placed in the box for all requested parameters.
6) Other information required to be completed by the client are:
Collection Date and Collection Time for each sample location Temperature at Time of Collection
Printed name of person or persons collecting samples Signature, Date, and Time samples are relinquished
Other added sample locations and analyses required Type Of Disinfection
Deletion on the form for any samples which are not needed (example: dry upstream location)
Any other information felt to be: pertinent should be included in the "Comments' section
CONSIDERATIONS: —
Coliform samples have a holding time of 6 hours from time of collection to time of analysis. Therefore, samples should be collected as
late in the day as possible to allow enough time for transportation, checking in at the lab and analysis.
BOD samples have a 48 hour holding time and are set in the lab Monday through Friday.
Other samples such as Nitrate, Ortho Phosphorus, Settleable Matter, Turbidity, Color, and MBAS also have a 48 hour holding time. The
lab reserves the right to establish required sample collection and delivery dates in order to meet the required holding times.
CAUTION
These sample bottles may contain acid or other corrosive and potentially harmful chemicals. Laboratories are required to add these
chemicals forcertain analyses in order to comply with EPA preservation requirements. Use extreme care when opening and handling
the bottles. If any chemical should get on your skin or clothes flush liberally with water and seek medical attention.

L.L. MUiRPHREY COMPANY
39 Vandiford-Thomas Rd • Farmville, NC 27828 [phone] Fax (252) 753-,8759
LLS[Kec 946RECEIVED
... L''"
JUL 1 M4
' 1'1y�► - � June *'2004
- - Q-WARO ti
l
' a Mr. Jim'Mulligan-
' Division of Water Quality
943-Washington Square Mall
Washington N.C. 27889 `
-Dear Mr. Mulligan,
This letter is being sent to you in response to'the Notice of Recommendation of Enforcement for the _
Carroll Farm,`facility number 40-10 in Greene Coun:ty' Prior to receiving this notice a letter -had already been sent
to your -office by way of certified mail explaining the happenings on June 21,-2004-. This letter`was prepared by
Jerry Carraway who is currently sharing the duties as OIC for L.L. Muiphrey Company with myself. I have
enclosed .an additional copy of this explanation`for your convenience. ,
Allow `me to point out iwo additional preventative steps that are being put in place that were not {
mentioned in the earlier response. Signs are currently being printed; explaining pump operations and transfer,
procedures to be placed at the Carroll Farm site. These Will be placed at each pump location- Secondly, training r
procedures on pump operation and a liability waiver expressing the,smportance of this procedure are being ,
prepared for future outside contract labor.
These additional steps along with the other actions that have been previously,mentioned, hopefully will
prevent this accident' from reoccurring. If additional information or other practices are need 1•will be inore than '
glad to provide or,discuss them with you. -
L A -
Thank you for allowing nie, to respond to this notice. I hope the information that has been provided will
assist your office in the decision making process."
- Sincerely, .
Jake Barrow
Enc:1 ;

r
L.L. MURPHREY COMPANY
'�' �,GERTIF..IED iVfi41L�RECEIPT�.
JUL - 12004
DWQ-WARO
June 25, 2004
Division -of Water Quality
943 Washington Square Mall
Washington, NC 27889
To Whom It May Concern:
Carroll Farm .
Facility # 40-10
N
M Postage
to Certfed
Er
Return Receipt Fee Postmark
Ln (Endorsement Required) 11 Here
F� ru
Restricted Delivery Fee r / to L1
Q (Endorsement Required) rp / � ,j/ /�
M Sotai Postage & Fees $� '
ru I
Ln ReCIPlettt's Name (Please Print Clearly) (Ta be completed by mailer)
co ► v aof Waic� q,t &
'------------------- --
-I
- -
j
;• © Street, Apt -- --------------------
'Na.; or PO Sax No. ----
f
`_ - -L - war G� m �J .._..
LJ City, State, ZlP+ 4G r,� q _ ------
WIM:!i lit d - ,l -
Attempts were made from' -our office at approximately 5:30 p.m.'6/21/04 to call in spill to
DWQ as required by our waste plan. Upon further review of procedures, we realized we
had a 24-hour window to report spill. We met Scott Vinson at approximately 7:00 p.m.
6/21/04 to make farm visit:
The flush water spill was first seen at approximately 3:00 p.m. on 6/21/04. An outside
contractor was hired to clean three buildings 'on this farm. He was instructed on
procedures for using flush Water turn offs to assist in clean-up. He failed to follow
instructions properly; thus allowing flush water to run over. ' Normal procedures allow for
flush water to run and transfer pumps'to keep water at'acceptable levels in all -three
lagoons. At the time of the: discovery; our emergency action plan was started. All flush'
pumps were'shut off immediately and transfer pumps were started. We closed 'off the
storm'ditch with our storm gate drains that were installed �n 2003. The storin drain ditch
was pumped back into lagoon. An irrigation pump was brought to farm and 4 inch
aluminum pipe was laid above ground to assist existing permanent transfer pumps in
moving water to other lagoons on the farm. All waste water runoff was secured.and
stopped at approximately 4:00 p.m. We -continued to run transfer pumps all night to get
lagoon level to acceptable Ievel.

Two loads of sand were delivered to farm on 6/22/04 to build up area at the end of
building three to prevent'spills of this nature. We have�repaired. block wall at end of
building with surewall and concrete to waterproof this area -.Due to goad spring weather
and -.timely irrigation events, all lagoon levels were iri excellent condition for water levels
before outside contract labor --began. All pumps on farm operate only in daytiriie hours to
allow for employees to be on site. At time of spill, no' animals were on the farm. -We will
continue to monitor and keep all pumps and pipes in -good working condition to keep
problem from recurring. J
A copy of sub -contractor staternent i"s attached.
r `
Sincerely,
Jerry Carraway
Operations Manager '

4"L� &ot,,-s 4-0�
Ste. c'm�{r-e�c�..

NQTHCATIONOE WASTEWATER SPILL IN GREENE COUNTY
House Bill 1160, which the General Assembly enacted in July, 1999, requires that
municipalities, animal operations, industries and others Nvho operate waste handling
systems issue news releases when a waste spill of 1,000 gallons or more reached surface
waters.
In accordance with the regulation, the following news release has been prepared and
issued to media in Greene County.
The Carroll Farm on Hwy 123 had a wastewater spill on June 21, 2004 of an estimated
1,000 gallons from a collection box on -farm. The untreated wastewater spilled into drain
ditch that leads to unnamed canal adjacent to farm. The problem was repaired to prevent
further damage.
The Division of Water Quality was notified of the event on June 21, 2004 and is
reviewing the matter.
Cy-
[ C. I c}

L.L. MURPHREY COMPANYANEW
Y
39 Vandiford-Thomas Rd •. FarmWle. NC 27828 • [phone] • Fax (252) 7SM759
LL `Svcur cg t&e i�mm caKltry Seow 1946"
Y
JUN .2-8 204,
June 25, 2004 'DWQ-WARO
Division of Water Quality
943 Washington Square Mall t '
Washington, NC 27889
To Whom It May Concern:
Carroll Farm
M ,k Facility # 40-10 _
Attempts were made from -our office at approximately 5:30 p.m. 6121/04 to call in spill to I .�
DWQ as required by our waste plan. Upon further review of -procedures, we•realized we
' had a 24-hour window to report spill. We met Scott Vinsomat approximately 7:00 p.m.-, '
'6121/04 to make farm visit: -
t. r-
_ The flush water spill was first seen at approximately 3:00 p.m. on 6/21/04. An outside
r contractor was.hired to clean three U"uildings on this farm. -He was instructed on
procedures for using flush water turn offs to assist in clean-up. He failed to follow
instructions properly; thus allowing.flush water to roan over.'Noimal procedures allow for x '
1 flush water to run and transfer pumps'to keep water at -acceptable levels in all,three F
lagoons. At the time of the discovery,. our emergency action plan was started. All flush
pumps were slhut//off
simmediately and transfer pumps were started. We closed off the
SlVlm dY.ch :Vltl: iJ�i�Y Stor'^,.na!- nr u�nJ that were InCtrllPd;in T term drain ditch
i e_ _00 he s d a ch
was pumped back into lagoon. An irrigation pump was_brought to farm and 4 inch ;
aluminum pipe was laid above ground to assist existing permanent transfer pumps in
moving water to other lagoons on the farm. All waste water runoff was secured and
stopped at approximately 4:00 p.m. We -continued to run transfer pumps all night to get
lagoon level to acceptable level. f '

Two loads of sand were delivered to farm on 6/22/04 to build up area at the end of
_ -building three to prevent spills of this -nature. We have repaired'block wall at en&_of '
building with surewall and -concrete to waterproof this area. Due to good spring weather
and.timely irrigation events, all,lagoon levels were in excellent condition for water levels
before outside contract labor -began" All pumps on farm operate only in daytime hours to
allow for employees to be on site, At tirne of spill, no animals were on the farm. "We will - y
continue to monitor and keep all pumps and pipes in•good-working condition to keep.
problem from recurring. .
A copy of sub -contractor statement is attached.
Sincerely,
r
Jerry Carraway
` Operations Manager
i

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VArE S v
aOr
'�' Michael F. Easley, Governor
G� QG IViNiam G. Ross, Jr., Secretary
Lo ;
1 p Department of Environment and Natural Resources -
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Duality
CERTIFIED MAIL
RETUR_N_RECUPT REQUESTED
7003 3110 0005 8968 8555
June 24. 2004
Mr. Jake Barrow
LL Murphrer Hog Co. '
19 Vandiford-Thomas Rd.
Farmxille. Norht Carolina 27828
RE: Notice of Recommendation of Enforcement
Carroll Farm
Facility Number 40-10
Greene County
Dear Mr. Barrow:
This letter is to notifi• you that the Washington Regional Office of the Division of Water Quality is considering
sendim, a recommendation for enforcement action to the Director of the Di-6sion of Water Quality. The
recommendation concerns the violations of North Carolina Gencral Statute 143-215. l(a)(1) for discharging animal it-aste
into haters of the State without a permit.
The Carroll Farm. facility no. 40-10. is located on SR 123. between Maun- and Lizzie- in Greene County. On
June 21. 2004. Mr. Scott Vinson obsen'ed that there ..as waste in Mussel Run which is a tnbutan to Contentnea Creek.
After meeting the farm manager_ Mr. Jern- Carraway. onsite it was reported that a discharge from both the lagoon and a
collection box at the corner of House 43 had occurred and Ni-as discm-ered at 3:00pm on that same dad-. June 21. 2004.
Please proxide this office with your explanation for this violation and eorrcc iye actions taken to prevent such
violations from occurring in the future within five (5) days after receipt of this Notice. Your explanation -.;ill be
re�ievved and if an enforcement action is still deemed appropriaie. your explanation will be forwarded to the Director
pith the enforcement package for his consideration.
If you have any questions concerning this natter. plcase contact me at 252-946-6481, est. 214 or Scott Vinson at
ext. 208.
Sincerely.
7_ K �'_`
f'7im Mulhaan
XVater Quality Regional Supenisor
cc: Premium Standard Farms, Attn: Jeremy Hill
Greene County Soil and Water Comen-ation District'
NCDSNVC-WaRO
Compliance Group
NVQ Central Files
WaRO
SAV Files
943 Washington Square Mall Washington, NO 27859 252-946-E481 (Telephone) 252-945-9215 (Fax)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 24, 2003
W. Jake Barrow
L.L. Murphrey Hog Co
39 Vandiford Thomas Road
Farmville NC 27828
Subject: Notice of Deficiency
Carroll Farm
#40-10
Greene County
Dear Mr. Barrow:
Wan W.10mek, P.E. Director
Division of water Quality
Thank you for your recent submittal of the information requested in our letter dated June 6, 2003. We greatly
appreciate the effort that you made in compiling this information and sending it to our Washington Regional Office
by the date required We also appreciate the fact that you reported the problem with high freeboard to our staff as
required by your permit and worked with our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Washington Regional Office has determined that
this Notice of Deficiency is being issued by the Division for the high freeboard levels at the subject facility.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range (lagoon #1 19" to
49.2", lagoon #2 19" to 58.2", lagoon #3 19" to 75.8,W). These methods include, but are not limited to, water
conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or
more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to
evaluate and implement any needed changes to your system.
Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our
Washington Regional Office at 252-946-648 L
Sincerely,
4dI+G-.
T Mulligan,
Water Quality Supervisor
Washington Regional Office
CC: Non -Discharge Compliance and Enforcement Unit
Central Files
WaRO
_dbc files
QCDENR
Customer Service: Mailing Address: Telephone: [phone] Locadon:
1 800 623-7748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617

{ �OF WA %9p W ` `, f '{J 4 Michael F. Easley
�O G Governor
�] WiiiEiiam G. Ross, Jr., Secretary
>_ Departrnent of Environment and Natural Resources
Kerr T. Stevens
Division or Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
May 30, 2001
Mr_ Jake Barrow
Carroll Farm
39 Vandiford Thomas Road
Farmville, NC 27828
SUBJECT: NOTICE OF VIOLATION
Animal Feedlot Operation Compliance Inspection
Carroll Farm
Facility No. 40-10
Greene County
Dear Mr. Barrow:
This letter transmits a Notice of Violation for failure to establish and maintain a protective vegetative cover on the
lagoon pond embankments (outside toe of embankment to maximum pumping elevation) and failure to remove
trees, shrubs, and other woody vegetation as required by the General Permit and the Operation and Maintenance
Plan of the Certified Animal Waste Management Plan. These are violations of Title 15A of the North
Administrative Code, Chapter 2, Subchapter 2H, Section .0217(d) and N.C.G.S. 143-215.1.
On March 28, 2001, Daphne Cullom from the Washington Regional Office of the Division of Water Quality
conducted an Animal Feedlot Operation Compliance Inspection at the Carroll Farm in Greene County. A copy of
the inspection report is attached for your review.
In general, this inspection inducted verifying that: (1) the farm has a Certified Animal Waste Management Plan
(CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, and
the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being
operated properly under the direction of a Certified Operator, (4) the required records are being kept; and that (5)
there are no signs of seepage, erosion, and/or runoff. The following violations observed during the inspection:
Your CAWMP records did riot include a sal analysis for 1998 and 1999. The General Permit in Section III.
Monitoring and Reporting Requirements, item number 3 requires that a sal analysis be collected annually on
each application field receiving animal waste. Further, Section tl. Operation and Maintenance Requirements,
item number 3 requires that lime be applied, as needed, to maintain sal pH in the optimum range for crop
production. This information is received from your annual soil analysis.
The CAWMP does not include the lagoon design and critical elevation documentation. This has been noted in
previous DWQ Compliance Inspections and DSWC Operation Reviews.
Trees and woody vegetation were observed alongside the lagoon dike walls of lagoon #1 and lagoon #2. All
trees and woody vegetation along the outside of the lagoon dike walls should be removed per the guidance of
your Technical Specialist or a Professional Engineer to meet the requirements of your General Permit The
General Permit requires in Section ll_ Operation and Maintenance Requirements, item number 3 that a
protective vegetative cover shall be established and maintained on all lagooNstorage pond embankments
(outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions.
Trees, shrubs, and other woody vegetation shall be removed in accordance with good engineering practices.
Lagoontwaste storage pond areas shall be accessible, and vegetation shall be mowed. The Operation and
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

Page Two
Notice of Violation
May 30, 2001
Carroll Farm
Maintenance Plan for the subject facility also requires that trees, shrubs, and other woody
vegetation be removed from the lagoon dike walls and maintained with a vegetative cover for
visual inspection to determine if there are any problems with the structural integrity. You are
advised to submit a plan of Action (POA) for removing the trees and woody vegetafion to
the DWQ-WaRO within 60 days of your receipt of this letter. This is required to achieve
compliance with the conditions of the subject facility's General Permit and proper
implementation of the Operation and Maintenance Plan.
➢ There was evidence of a past discharge from the house adjacent to lagoon #'I. It was observed
that animal wastewater and solids flowed from the house towards the lagoon. No discharge to
surface waters of the State was observed.
It is suggested that if Mr. Dennis Beaman is overseeing all of the irrigation activities at this facility
that he be designated as this facility's certified Operator4n-Charge (01C) or back-up OIC to ensure
that the responsibilities of the OIC for this facility are fulfilled. Please be advised that the DWQ
Regional Office as a result of discrepancies or operational problems discovered during an
inspection or complaint can initiate an investigation of an Operator -In -Charge (OIC). The OIC has
the duty to ensure that waste is applied in accordance with the CAWMP and General Permit by
property managing, supervising, and documenting daily operation and maintenance. The OIC also
has the responsibility to certify monitoring and reporting information. The failure of an OIC to
perform histher duties can result in a letter of reprimand, suspension of certificate, or revocation of
certificate.
You are requested to respond in writing to this notice within 15 days of receipt, outlining the
corrective actions that have been undertaken and/or have been planned to address these violations
and any further actions taken to prevent future violations of this nature from occurring. The
effectiveness of your response will be a factor in the consideration of future enforcement. Please
be advised that this letter does not prevent the Division of Water Quality from taking enforcement
actions for past or future violations.
Thank you for your cooperation and assistance. If you have any questions concerning this
matter, please do not hesitate to contact me at (252) 946- 6481, ext. 212 or Daphne Cullom,
Environmental Specialist at, ext. 321.
Sincerely,
i Mulligan
ional Supervisor
CC' Greene County SWCD Office
DSWC-WaRO
ConjpMnce Group
RO
DBC Files

� ��.�� or water Quash•
a �r �'-.•� �,/il�h'1l111>f! Of �O11.Spa watttl'. Cp�lBlT1$tgn�� .r ,-�- �� t v-�;
of Visit& Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O* Routine O Complaint O Follow up O Emergency Notification O Other
❑ Denied Access
Date of Visit: 3-2$-2001 Time: 10:0o am
Facility Number 40 lfl
NNot O erational O Below Threshold
® Permitted M Certified 13 Conditionalh- Certified © Registered Date Last Operated or Above Threshold: ..........
Farm Name: lG,a>I1 Flnu1 _................ County: GlmaCxte............... ............................ _ V4'AKO__.
Owner lVamc:........ - -- -— .... ... ...�. L,L..Muq�ft Z H .Cu ........... - Phone No: 912:753:5jkj...........................
Mailing Address: 9.V Qrtl.:.Thema�.$aad----...... ...... ..... ......... _........ ..... Famkiik.NC...... _............................................... Z-7.828.............
FacilityContact: ............ _..... ................... ........... ....... Title:................................................................ Phone No: ................ ............................ .......
Onsite Reprewntative: Dtrnu�is.B�amt�u>,.S.But�a.Baer..................._..................... Integrator: LL.Munthre�:_CQ.................
...............................
Certified Operator: JgU......................................... BArm. k............................................. Operator Certification Number:16.6.0 .............................
Location of Faun:
Between Maury and Lizzie (Road 123)
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 31 i8 Longitude 77 35 ! 05 I�
Design Current.. Design Current: Design Current
Swine. achy: Po uik ion Poufff v. Ca acitt Po elatioCn Cattle .. .:..::
a acT[4 Po ulation
❑ Wean to Feeder
® Feeder to Finish
J❑ Farrow- to Wean
3 500
1 0
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gifts
❑ Boars
❑ Layer f ❑ Dairy:
10 Non -Laver I I Non -Dairy
10 Other
Total Design Capacity, 3.500
Total SSLR' 472.500
.._ f
Number of Lagoons 19 Suhsurfacc Drains Present �❑ La_;x)n Area Spra} Fie Area
Hatdin8 Ponds] Solid Traps.: ❑ No Liquid Waste Management System
Dischar-a-es d Stream Imnacts
1. Is any discharge observed from any part of the operation? ❑ Yes R No
Dischaige originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed was the conveyance man-made" ❑Yes ❑ No
b_ If discharge is observed, did it reach Water of the State? (If yes. notifi- DVIQ) ❑ yes ❑ No
c. If discharge is obsejlvacL ghat i�: the estimated flog- in eal/min?
d. Does discharge b-,-pa!;s a lagoon system' (If yes. notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? 0 Yes ❑ No
3- Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes I$ No
Waoe Collection S Treatmen-,
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes g No
Structure l Structure 2 Siructuxc 3 Sin►cture 4 Sbucttire 5 Structure 6
ldtiniiiur: .__..._. Final ................... ? ...._.-....._-............... #.I ..... ......... .................. .................. .................................... ....................................
Ire�hoar�! ' inche,). 3.7.. ?; ...22

Facility Number. 4o— to
Date of Inspection I 3-2S-2001
5. Are there any immediate threats to the integrity of any of the structures observed? Oe/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenancelimpnwement?
8- Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctares lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/unprovement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type Corn. Soybeans. Wheat Winter Annuals
l.0l7I!lrll L'fl
® Yes
❑ No
❑ Yes
® No
® Yes
❑ No
❑ Yes
® No
❑ Yes
® No
❑ Yes
9 No
❑ Yes
® No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage &. General Permit or other Permit readih- available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readih- available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does retard keeping need improvement? (ie/ irrigation, freeboard_ waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notilj- regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss reviewhmspectiou with on -site representative?
24. Does facility require a follow-up visit by same agency?
:_I Yes Z No
0 Yes Z1 No
❑ Yes ® No
9 Yes i No
X Yes ❑ No
ED Yes F, No
J Yes Z No
i Yes 91 No
Yes [3 No
❑ Yes ® No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes 19 No
[] No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.. i
❑ Field Copy ❑ Final Notes
?. ENidence of past discharge from house adjacent to iagoon 41. Evidmi that wastewater & solids fluwrai towards the lagoon; not reportcd
DWQ per Gen=1 Permit No discharge to surface waters observed.
5 & 7. Lagoon # I & lagoon #2 - Trees along the outside dilewall of these structures should be evaluated for tree removal by a technical
specialist or P.E. A Plan of Action (POA) should be submitted to the DWQ-WaRO.
18. The CAWMP should include the lagoon design & critical elevations documentation. This was noted in the previous DWQ Compliance
19. Soil analysis 315/01, no lime required. No soil analysis in records for 1999 & 1998. Waste analysis 0.43 lbs./i000 gals.. 1-18-01. No 11
irrigation events in 2000. No overapplication noted. Freeboard levels adequate.
Reviewer/Inspector Name - Daphne B:'Cullom -_ - - --
Date:

05103101
L Taeility Number. 40-10 Date of Inspection 3-28-20111
Contyinued
Printed on: 5/21/2001
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (Le. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc_)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanenthemporary cover?
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
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_ _ MAP
1. Note: If Mr. Beaman is overseeing all of the irrigation activities. it is suggested that he be designated as this facility's certified
Aerator in charge, to ensure that the responsibilities of the O1C for this facility are fulfilled.
*This facility will receive a Notice of Violation for the violation(s) noted above.
*If you have any questions and/or need further guidance, please call me at [phone]. ext. 321 or Lyn Hardison at ext. 318.